1100:0

FINES, PENALTIES AND REVOCATIONS AND PROSECUTIONSAND CONVICTIONS OF INCLUDED OFFENSES

Section 1100 - Penal Offenses, Penalty, Revocation of License

Section 1100:00. Penalty for Violations.

Subd. 1. Any person violating any of the provisions of this Code, "The 1992 Ordinance Code of Owatonna," shall be guilty of a penal offense and upon conviction thereof shall be punished for a fine of not more than one thousand dollars ($1,000), or by imprisonment for not to exceed ninety (90) days, or both; provided, however that if a different punishment be prescribed for violation of a specific portion of this Code, such provisions shall govern the punishment of such violations. eff. 3/18/03

Subd. 2. Specific mention of a violation of any of the provisions of this Code as being a petty offense, shall mean that, upon conviction, the sentence of a fine of not more than three hundred dollars ($300) may be imposed, except, when preceded by two (2) or more convictions within the immediate preceding twelve (12) month period, the violation thereof shall be a penal offense as set forth in Subd. 1 of this section. In the absence of the designation of petty offense in connection with any violation, such violation shall be a penal offense as set forth in Subd. 1 of this section. eff. 3/18/03

Section 1100:05. Penalty for Violation of Traffic Provisions.

Subd. 1. The Council hereby expressly states that its legislative intent is to adopt the provisions of its traffic control ordinances so they will be identical to or in substantial agreement with State law as to all matters of wording and meaning with respect to traffic control and to be identical with the State law in all matters of penalty for violations thereof as required by the authorization therefor by State Statute and as incumbent upon the City by the decision of the Supreme Court of the State of Minnesota in the State v. Hoben, 256 Minn. 436, 98 N.W.2d 813 case. Ordinance violations are referred to throughout this Code as "penal offenses" or "petty offenses."

Subd. 2. Violations of the State Traffic Code are referred to as "misdemeanors" or "petty misdemeanors" as required by State law, both in this Code and in the State law. If reference is made in this Code to "misdemeanor" when the clear intent is a reference to a violation of this Code, "misdemeanor" shall be construed to mean "penal offense," or "petty offense," as the case may be.

Section 1100:10. Conviction of Included Offense.

Subd. 1. Upon prosecution for any offense under this entire Code, the actor may be convicted of either the offense charged or an included offense, but not both. An included offense may be any of the following:

a. A lesser degree of the same offense; orb. An attempt to commit the offense charged; orc. An attempt to commit a lesser degree of the same offense; ord. An offense necessarily proved if the offense charged were proved; ore. A petty offense necessarily proved if the penal offense charge were proved.

Subd. 2. A conviction or acquittal of an offense is a bar to further prosecution of any included offense, or other degree of the same offense.

Section 1100:15. Revocation of Licenses. Violation by a licensee of any provision of this Code or State law, regulating, prescribing conditions, or establishing requirements relative to licenses held by such a licensee shall be grounds for revocation of such license.

Section 1100:20. Purpose. The purpose of this ordinance is to provide the public and the City of Owatonna with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain City Ordinances. The City finds that such an alternative will have the effect of reducing nuisance violations and motor vehicle accidents within the City, and provide the City's law enforcement officials with an additional, effective enforcement tool. (effective 11/18/08)

Section 1100:25. Administrative Offense Defined. An Administrative offense is a violation of any section of the Ordinance Code of the City of Owatonna and is subject to the civil penalties identified in the City's fee schedule, updated from time to time by City Resolution. An administrative offense in not a crime. (effective 11/18/08)

Section 1100:30. Enforcement. Any police officer or other person employed by the City with authority to enforce the City Ordinance Code may, upon determining that there has been a violation of an ordinance, notify the violator, party responsible for the violation, or in the case of a vehicular violation, attach notice of the violation to the vehicle. The notice shall state the nature, date, and time of the violation, the name of the official issuing the notice, the amount of the civil penalty and required compliance actions if applicable. (effective 11/18/08)

Section 1100:35. Responding to Notice of Violation. A party who has received notice of a violation may, within seven days after the notice is issued, pay the penalty amount set forth on the notice. The penalty may be paid in person at City Administrator's office or by mail. Payment shall be deemed an admission of the violation and the City shall not bring a criminal charge for such violation. Alternatively, a party who has received notice of a violation may, within seven days after the notice is issued, contest the administrative offense by requesting a court appearance. A person requesting a court appearance will be issued a citation/summons for the violation and a court date will be set. Upon issuance of a citation/summons for the violation, the administrative offense procedure set forth in this ordinance shall terminate. (effective 11/18/08)

Section 1100:40. Failure to Respond to Notice of Violation. In the event a party charged with an administrative offense fails to pay the penalty specified on the notice of violation, or request a court appearance, within seven days of issuance of notice of the violation, a misdemeanor or petty misdemeanor charge may be brought against the violator in accordance with applicable City Code or State Law. Upon issuance of a misdemeanor or petty misdemeanor charge for a violation, the administrative offense procedure set forth in this ordinance shall terminate. (effective 11/18/08)

Section 1100:45. Repeat Violations. Repeated violations of two or more similar offenses within a twelve-month period shall result in a doubling of the penalty established for the violation. Additional offenses within another twelve-month period shall result in additional fines not to exceed five times the amount of the original penalty. (effective 11/18/08)

Section 1100:50. Optional Procedure. The procedures of this ordinance are voluntary. At any time prior to the payment of the administrative penalty provided for in this ordinance, the party charged with an offense may withdraw from participation in the procedures of this ordinance, in which event the City may bring criminal charges in accordance with law. Likewise, the City of Owatonna, in its sole discretion, may choose not to initiate an administrative offense charge and may instead bring criminal charges. In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty imposed, the City of Owatonna shall seek to collect the costs of the administrative offense procedure as part of a subsequent criminal sentence in the event the party is charged and is found guilty of the criminal violation. (effective 11/18/08)

Section 1100:55. Disposition of Penalties. All penalties collected pursuant to this ordinance shall be paid to the City of Owatonna and deposited into the general fund. (effective 11/18/08)